tustin jewelry exchange diamond wholesale jewelry store tustin ca 92780 How to deal with the old case of real estate inheritance?

wholesale monogram jewelry Changes 1: The scope of property is expanded
In the current "Inheritance Law", the use of the scope of the inheritance, including citizens' income, houses, forests, cultural relics, copyrights, etc. Instead, it is expanded to "the legitimate property left by the death of natural persons when the death of nature", which means that as long as it is the property that the natural person is legally obtained, it belongs to the inheritance, which can be inherited, and the network property and virtual currency are summarized.
changes 2: The scope of the legal heirs expands
The current "Inheritance Law" involves the order of inheritance and the distribution of property:
Inheritance: First order: spouse, children, parents. The second order: brothers and sisters, grandparents, and grandparents. After the inheritance starts, the heirs in the first order are inherited, and the inheritance of the second order does not inherit. If there is no inheritance of the inheritance of the first order, the inheritance of the inheritance of the second order. The children mentioned in this law include children of marriage, non -marriage children, adopted children, and step -children who have supporting relationships. Parents mentioned in this law include parents, adoptive parents, and step -parents who have supporting relationships. The brothers and sisters mentioned in this law, including the brothers and sisters of the same parent, the brothers and sisters of the same parent, or the mother -in -law, the brothers and sisters, and the stepdates with a relationship.
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The child of the heir to the child who was died before the heirs died, and the younger child's child was inherited from the throne. Inheritance of the heir can only inherit his father or mother's right to inherit the heritage share.
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The daughter -in -law daughter -in -law, the daughter -in -law, and the mother -in -law, the son -in -law of the widowed daughter -in -law, and the mother -in -law and mother -in -law, fulfilled the main support obligations as the first heir.
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The share of the inheritance of the inheritance of the inheritance of the inheritance of the inheritance of the inheritance of the inheritance of the inheritance of the inheritance of the inheritance of the inheritance of the inheritance. Heirs who lack labor capabilities with special difficulties in life, should be taken care of when allocating heritage. The heirs who have fulfilled the main support obligations or lived with the heir to allocate the inheritance. If the heirs who have the ability to support and have the conditions for support are incompetent, they should be regardless of or less. Heirs agreed to agree, can also be unequal.
The draft of the Civil Code clarified the more controversial content in the General Principles: the inheritance of the fetus.
has died before a fetus was born, so does this fetus inherit the right to his father's property? The protection of the fetal interests in the draft of the general rules stipulates that "if the fetus involves the inheritance of the inheritance of the inheritance and the receiving gift, the fetus is deemed to have civil rights; . "This means that the fetus can inherit the inheritance or accept the gift.
It the draft of the Civil Code also expanded the provisions of Article 11 of the "Inheritance Law" and expanded the scope of the heirs:
It of the inheritance of the Civil Code to increase the scope of applicable to the inheritance of the substation. The amendment was revised to: "If the brothers and sisters of the heir are killed before the heir, the children of the brothers and sisters of the heir are inherited." That is, the nephew and nephew of the heir are also incorporated into the scope of the heir.
In the specific situation? For example:
Imming's parents and grandparents are gone, only Xiaoming and uncle depend on each other. Xiaoming's uncle died one day, and uncle did not get married all his life. Only Xiaoming had a relative, so can Xiaoming inherit the legacy of Uncle?
If according to the current "Inheritance Law", Xiaoming does not have the inheritance scope of the statutory position, and cannot inherit the legacy of Uncle. The heritage must be identified as the owner's non -owner's property, and it is given to the country.
The nephew and nephew in the draft of the Civil Code can inherit the position, and Xiaoming can inherit the legacy of the uncle.
changes 3: Modify the situation of losing the right to inheritance
The right to lose inheritance in the current "Inheritance Law":
Is one of the following behaviors, losing the right to inheritance: (1) intentionally Those who kill the inheritance; (2) those who kill other heirs to compete for the heritage; (3) abandoned the heir, or the abuse of the heir to be serious; (4) forged, tampered with or destroy the will, and the circumstances were serious.
The draft of the Civil Code increased two situations:
Ifishes 1: Hidden will
The people may be unfavorable to their future inheritance because of the will, so they borrow their own opportunities to hide their will to hide their will. Essence Hidden a will, seriously can lead to the loss of inheritance.
The situation 2: Fraud coercion The heir to set up a will
The inheritance of the draft of the inheritance also added a situation of the loss of inheritance: forced or obstructing the inheritance of the heirs to establish, change or withdraw the will with the measures of fraud. Lost inheritance.
For example: Aunt Wang has a son and a daughter. The daughter was filial to Aunt Wang, but the opposite of the son. One day, Aunt Wang's son hoped to get her property. At home, she used scolding, threats, intimidation and other methods to force Aunt Wang to write a will and finally let him inherit all the property.
If according to the provisions of the increasing inheritance of the inheritance right in this draft, Aunt Wang's son lost the right to inheritance.
Chat change 4: The new heirs forgiveness system
This inheritance of the draft of the Civil Code also increased the forgiveness system for the heirs, clarified that the heirs indeed showed repentance, and the heirs expressed the forgiveness or listed it in the will afterwards. For the heir, the heirs should not lose the right to inheritance.
In the above example, Aunt Wang's son did understand his mistakes and did have repentance, and Aunt Wang was willing to forgive his son. Then Aunt Wang's son does not lose the right to inherit.
changes: delete the "notarization will effectiveness priority" regulations to add new will such as printing, video, and other new will
It the elderly will make several wills, but which will be finally recognized by law? In the original inheritance law, the principle of priority is based on the effectiveness of notarization will. In the inheritance editor of the Civil Code, the "Priority of Notarization Tenta Valation" regulations were deleted.
What changes are this? For example:
The old two sons and two daughters, the old couple had notarized a will, and the average of 4 children in the property was notarized. However, in the last few years of Uncle Zhang's life, the old couple spent the family with the younger son. The younger son's family took care of the old couple than other children. The property should be half for the younger son.
But after Uncle Zhang's death, this self -book will was judged by the court as invalid.
The draft of the Civil Code deeds the principle of priority of notarization will. The notarization will no longer have the priority of effectiveness. When determining the effectiveness between the will of each will, it shall be based on the final will.
It new forms such as printing, video and other new will
The modification of this draft, adding two types of testing of the will, and recognizing the form of print will and video will.
The printed will after the increase of the draft stipulates that more than two witnesses must be witnessed. The testor and witnesses should sign on each chapter of the will, and annotate next year, month, and day.
This recordings and video will stipulate that more than two witnesses must be witnessed. The testor and witnesses should record their names or portraits in the recording video, as well as the year, month, and day.
above is the content of the draft of the Civil Code on the content of inheritance. In fact, many people do not understand the current "Inheritance Law". They think that their parents' property can inherit all children. This understanding is really wrong. Children inherit their parents' property (especially real estate) are not as simple as imagined! Today, I will give you a science. After all, if you don't pay attention, you may not be able to fully inherit your parents' real estate!
Mon’t do this, even the only child can not fully inherit parents' real estate!
Generally speaking, the inherited house is the most convenient, but in reality, if you don't pay attention, even the only child may not be able to fully inherit the house!
The transfer of real estate to close relatives, do not collect
In the announcement: For the free gifts of the real estate, the gift from the gift was "accidental" due to the gift income obtained by the gift of the house for free, and the 20%tax rate was paid. However, the following situations do not levy personal income tax:
that is, inheriting the property in accordance with the law, or the parents give the property to their children, children and parents do not need to pay personal income tax.
looks very simple, but the reality is much more complicated. Even when children inherit and accept gifts, there will be many situations! Let's take a look at how to protect our rights and interests to the greatest extent! (Xiaobian deliberately gives you a picture to explain to everyone. If you help everyone, remember to give me the lower right corner, you know)
Which of the parents will give you the house, which is the most cost -effective to gift, inherit and buy and sell?
In general, children have transferred their houses from their parents to their own hands. The common means are gifts, inheritance, and buying and selling. These three methods will involve related taxes. It is also mentioned that inheritance and gifts are exempt from taxes, but it does not mean that other taxes are exempted. Other taxes and fees cannot be exempted. Which one is the most money?

The taxes and fees that need to be paid between the buyers and sellers ↓↓↓
Compared with these three methods, the cost of inheritance is the smallest. The cost of gifts is the highest!
If parents give their children's houses without compensation, and the children are transferred to the house after being given away. How can I pay taxes?
The question is now. If you want to sell the house from your parents, if you want to sell it again, how much tax and fee do you have to pay? We still use a picture to understand:
During the gift session, the above we have explained that the gift party only needs to pay the stamp duty, no value -added tax, land value -added tax, and individual taxes. Pay a tax and pay deed tax and stamp duty.